Civil Groups Demand IBB's Probe
The groups are: Socio-Economic Rights and Accountability Project (SERAP), Access to Justice (AJ), Civil Society Legislative Advocacy Center (CISLAC), Nigeria Liberty Forum (NLF), Women Advocates and Documentation Center (WARDC), Human and Environmental Development Agenda (HEDA), Committee for Defence of Human Rights (CDHR), Partner, Partnership for Justice (PFJ), Nigeria Voters Assembly (VOTAS), and Centre for the Rule of Law (CFR).
The petition dated 7 April 2010, was signed by Adetokunbo Mumuni, Executive Director, SERAP; Joseph Otteh, Executive Director, AJ; Auwal Musa Rafsanjani, Executive Director, CISLAC; Kayode Ogundamisi, Convener, NLF; Abiola Akiyode-Afolabi, Executive Director, WARDC; Olanrewaju Suraju, Head, HEDA; Olasupo Ojo, President, CDHR; Itoro Eze-Anaba, Managing Partner, PFJ; Moshood Erubami, President, VOTAS; and Tejumade Oke, Programme Director, CFR.
According to the groups, “We are seriously concerned that since the report was submitted to the then Sani Abacha administration on August 29, 1994, successive governments have failed and/or neglected to act on the report, and the former Obasanjo government reportedly claimed that the report could not be found. To date, the report has not been released to the public, and no government’s White Paper has been adopted on the report. However, we are now in possession of the report, which we are enclosing with this letter.”
“We are concerned that the continuing failure and/or refusal by successive governments to prosecute those involved in the mismanagement of $12.4 billion constitutes a serious breach of Nigeria’s international anti-corruption obligations and commitments including under the UN Convention against Corruption. Under the Convention, Nigeria has a legal responsibility to guarantee victims of corruption an effective investigation and prosecution as a remedy for violations implicating human rights, including economic and social rights,” the groups further said.
The groups also said that, “We believe that it is the mismanagement of public funds such as the $12.4 billion that has contributed to the country’s failure to achieve sustainable development, throwing millions of Nigerians deeper into poverty. Yet, Nigeria has a responsibility to ensure the full realization of internationally recognized economic and social rights and the right to development of all Nigerians.
We believe that because corruption is well entrenched in Nigeria, fighting it requires not only a minimum level of political will and an adequate and sensible strategy, but also involves being ready and able to confront powerful interest groups that clearly benefit from the status quo and will resist any such initiatives. Therefore, the government should be very careful not to let allegations of human rights violations, including corruption against IBB go unpunished.”
According to the groups, “There is a very pervasive effect in sending a message to society that impunity is unacceptable. Otherwise, the message to everyone in the country will be: it is virtually certain that the corrupt, especially the rich amongst them, will not be punished. Impunity arises and thrives when there is a lack of accountability among high ranking government officials, whether past or present. Eliminating impunity requires increased accountability and transparency if Nigeria is to reclaim its lost glory in the comity of civilized nations. A widespread culture of impunity under which leaders’ abuses of powers are neither investigated, exposed, prosecuted nor sanctioned will continue to leave victims without effective remedies. It may also force them to seek revenge.”
“The Acting President Goodluck Jonathan recently said that, “The policy of this administration remains a zero tolerance of corruption. Therefore, demonstrable accountability must not only be done but be seen to have been done. In this regard, we will not hesitate to take whatever action necessary to protect the bond of trust, which must always exist between the government and the governed.” We therefore ask you to translate the expressed commitment by Acting President Goodluck Jonathan to sanction corruption into reality by taking action in the Babangida matter,” the groups further added.
The groups also said that, “However, if the above suggested measures are not fully implemented within 14 days of the receipt and/or publication of this letter, we will take all appropriate legal actions nationally and internationally to compel you to comply with Nigeria’s voluntary international anti-corruption commitments. We will also work vigorously to mobilise Nigerians through online campaign tools such as Facebook, You Tube, MySpace, and other for a to ensure that sufficient pressure is mounted on the government to implement the longstanding recommendations of the Okigbo report.”
The groups said that “The Okigbo Panel set up by the late Gen. Sani Abacha in 1994 to probe how the $12.4 billion oil windfall earned by the nation during the first Gulf War in 1991 was spent, found that the Babangida administration operated “a second but undisclosed budget” with the then Central Bank of Nigeria governor, the late Alhaji Abdulkadir Ahmed. The Okigbo report also stated that the operations of these accounts were fraught with irregularities. According to the report, “The proceeds of the sale of the crude were not shown in the revenue side nor were the expenditures reflected in the expenditure side of the budget.”
“The report also frowned at the manner and method of disbursing the oil windfall through a "Dedicated Accounts." The report said that the dedicated accounts, which consisted of NNPC sales of mining rights, signature bonds and stabilisation, received a total of $12.4 billion, out of which $12.2 billion was disbursed leaving a balance of $206.037 million. The accounts were operated outside the national budgets and therefore not open to auditing. The panel also criticised the way and manner the funds were spent, noting that they could have been put to better use, either to reduce the national's external debt stock or put in the external reserves so as to ease the pressure on the nation's currency, the naira, which was depreciating at the foreign exchange market,” the groups further stated.
Signed
Adetokunbo Mumuni, Executive Director, Socio-Economic Rights and Accountability Project (SERAP)
Joseph Otteh, Executive Director, Access to Justice (AJ)
Auwal Musa Rafsanjani, Executive Director, Civil Society Legislative Advocacy Center (CISLAC)
Kayode Ogundamisi, Convener, Nigeria Liberty Forum, London
Abiola Akiyode-Afolabi, Executive Director, Women Advocates and Documentation Center (WARDC)
Olanrewaju Suraju, Head, Human and Environmental Development Agenda (HEDA)
Olasupo Ojo, President, Committee for Defence of Human Rights (CDHR)
Itoro Eze-Anaba, Managing Partner, Partnership for Justice
Moshood Erubami, President, Nigeria Voters Assembly (VOTAS)
Tejumade Oke, Programme Director, Centre for the Rule of Law
